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Code · BILL · 117th Congress · H.R. 9390 (Introduced in House) — To amend title 5, United States Code, to require disclosure of conflicts of interest with respect to rulemaking, and... · Sec. 18

Sec. 18. Definitions

376 words·~2 min read·/bill/117/hr/9390/ih/section-18·

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In this Act: The terms agency and rule shall have the meanings given such terms in section 551 of title 5, United States Code. The term interested person includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than an agency. The term Office means the Office of Information and Regulatory Affairs of the Office of Management and Budget. The term regulatory action means any substantive action by an agency that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.
The term significant regulatory action means any regulatory action that is likely to result in a rule that may— have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the general principles of regulation customarily practiced by the executive branch.
The term social equity impact means any impact of a proposed rule, whether intended or unintended, that might reasonably be expected to disproportionately affect a population of interested persons that is part of a protected class or set of protected classes, based on the rules’s plain language, stated intention, and based on credible statistical projections and data on the impacts of similar rules, laws, and policies. The term social equity assessment means a written and publicly available report that shall specifically consider any social equity impact, positive or negative, that the proposed policy might have on a population of interested persons who share a common characteristic that renders them part of a protected class, where that population was previously subjected to discriminatory or exclusionary practices by the agency promulgating the rule or where credible demographic evidence demonstrates significant disparities experienced by different populations within a protected class.
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